Case Number: ADJ-00000169. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000169
Date05 July 2016
PartiesA Worker v A Retail Company
ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000169

Complaints for resolution:

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00000204-001

13/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)

CA-00000204-002

13/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00000204-003

13/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00000204-004

13/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00000204-005

13/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00000204-006

13/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00000204-007

13/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994

CA-00000204-008

13/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00000204-009

13/10/2015

Date of Adjudication Hearing: 06/01/2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 13th October 2015, the complainant referred complaints to the Workplace Relations Commission under a number of employment law statutes, including the European Communities (Protection of Employees on Transfer of Undertakings) Regulations, the Employment Equality Acts, the Organisation of Working Time Act, the Maternity Protection Act, the Payment of Wages Act, the Terms of Employment (Information) Act and the Minimum Notice and Terms of Employment Act. The complaints were scheduled for adjudication on the 6th January 2016.

In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

In advance of the adjudication hearing, the representative of the complainant corresponded with the Workplace Relations Commission to indicate that they were withdrawing the claims made pursuant to the Employment Equality Acts. He outlined that the claims under the Employment Equality Acts were to be pursued through the Circuit Court and they were pursuing the other complaints before this adjudication.

At the outset of the hearing, it became apparent that there was no appearance by or on behalf of the respondent company. I verified that it had been served with notification of the adjudication and having been satisfied of this, I proceeded with the hearing in its absence. The complainant attended in person and was represented by Solicitors.

2. Complainant’s Submission and Presentation:

The complainant commenced employment with the respondent in or around the 3rd November 2014. The respondent operates a retail premises in south Dublin, specialising in products of Polish origin. She worked on the shopfloor and had to stand for a great portion of each day. In May 2015, the complainant informed the respondent of her pregnancy and her manager raised no issue about this. Later in May 2015, the manager provided her with a document entitled ‘contract of employment’. The complainant signed the document and dated it the 30th May 2015. The contract provides that her employment commenced on the 8th December 2014.

The complainant said that during the month of August 2015, the manager of the shop, and director of the respondent company, casually announced to staff that he would be putting the respondent into liquidation “to avoid his debts”. The complainant and her colleagues were advised that while the name of the business would change, the business would continue at the same location. After the complainant’s employment was terminated by the respondent, she learnt from conversations with existing shop staff that the shop continues to operate but the business has transferred from the respondent to a de facto partnership of two named individuals. The transfer took place on the 21st September 2015. She received no formal notification of the transfer and was not consulted about it.

The complainant outlined that the respondent traded on a Sunday and therefore, Sunday was a normal working day. She outlined that she was not paid a Sunday premium and that she worked one Sunday in every two. It was submitted that it was custom and practice, and arising from the JLC agreements, to pay a premium of time and a third or time and a quarter for Sunday working. She outlined that she worked 175 Sunday hours in the period of the 1st January 2015 to the 24th August 2015. It was submitted that an award under this heading must do more than compensate the complainant and that she was entitled to compensation for the period from the 13th April 2015 to the 13th October 2015 (the date the complaint was referred to the Workplace Relations Commission). The complainant said that she received ten days of annual leave during the period of her employment; this leave was taken in June 2015.

On the 25th August 2015, the complainant outlined that she was unable to work due to health complications arising...

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